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AGREEMENT FOR SALE

This Agreement made at ______________This_____ day of____________ in the

year Two Thousand and Twenty Between [1] MRS. SANGEETA SANJAY GAIKWAD
(PAN No. AHMPG2030P), (Aadhar No. 369166926872), [2] MR. SANJAY
RAMCHANDRA GAIKWAD (PAN No. AIAPG6814A), (Aadhar No. 332683813347),
residing at–Gaikwad Sadan, Sector–19C, Koparkhairane, Navi Mumbai – 400709,
hereinafter collectively referred to as “The Owners/Promoters” (which expression
shall unless repugnant to the context or meaning thereof be deemed to mean and
include their successors-in-interest, executors, administrators and permitted
assignees.)
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AND

1) MRS. SMITA ANIL BHUJBAL, aged 40 years, (PAN NO. BWFPB3679E), (Aadhar No.
493185435882), 2) MR. ANIL GOVIND BHUJBAL, aged 44 years, (PAN NO.
ANEPB8667P), (Aadhar No. 882730418974), both adults, Indian Inhabitants,
residing at SS-II, Room No. 89, Sector-16, Near Garden, Koperkhairane, Navi
Mumbai, hereinafter called the “Purchaser/s” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include
his/her heirs, executors, administrators successors-in-interest and permitted
assignees).

i. The CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA

LIMITED, (hereinafter referred to as the CIDCO) is a Govt. Company wholly owned
by the State Govt. of Maharashtra and incorporated under the Companies Act,
1956 (1 of 1956) and having its Registered Office at Nirmal, 2 nd floor, Nariman
Point, Mumbai, 400 021.

ii. The CIDCO is also the New Town Development Authority declared for the area
designated as a site for the new town of Navi Mumbai by the State Govt. of
Maharashtra in exercise of its powers under the Sub-section (1) and (3A) of the
Maharashtra Regional and Town Planning Act 1966 (hereinafter referred to as the
said Act).

iii. The State Govt. of Maharashtra has, pursuant to Section 113(A) of the said Act
acquired lands described therein and vested such lands along with the Govt. lands
in the CIDCO for orderly development of Navi Mumbai.

iv. There are structures erected on such lands so acquired by the State Govt. and in
possession of the CIDCO. These structures are required to be shifted due to the
establishment of an International Airport namely, “Navi Mumbai International
Airport” with the approval of the State and the Central Govt. (hereinafter referred
to as the “Project”.
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v. The State Govt. has by its Resolution of Urban Development Department No CID-
1812/CR-274/UD-10 dated 28 th May 2014 ordered to allot plots and other benefits
to the concerned structure owners for their rehabilitation and resettlement as a
Special case in accordance with the Govt. Resolution Revenue and Forest
Department No. RPA-2014/CR-52/R-3 dated 25th June 2014.

vi. The CIDCO has laid down at Pushpak Nagar (Vahal), Node Ulwe, Navi Mumbai
several plots on one of the pieces of lands so acquired and vested by the State
Govt. in the Corporation for allotting to the concerned structure owners under the
Rehabilitation and Re-settlement scheme

vii. Structures were constructed by [1] MRS. SANGEETA SANJAY GAIKWAD &
[2] MR. SANJAY RAMCHANDRA GAIKWAD, the Promoters herein, and possession
of piece of land on such structures were constructed has been handed by them to
the CIDCO as per Possession Receipt dated 24-5-2018.

viii. The CIDCO allotted to [1] MRS. SANGEETA SANJAY GAIKWAD & [2] MR. SANJAY
RAMCHANDRA GAIKWAD, the Promoters herein, Plot No.324 containing by
admeasurements 449.39 square meters or thereabouts situated and lying at Sector
24, Pushpak Nagar (Vahal), Node Ulwe, Navi Mumbai under the Rehabilitation and
Resettlement scheme.

ix. On payment of a sum of Rupees 60/- (Rupees Sixty only) being Lease Rent for the
period of 60 (Sixty) years at the rate of Rupees 1/- per annum in the lights of the
Govt. orders dated 18th August 2014 and 6th October 2015 to the CIDCO, the CIDCO
has entered in to an Agreement to lease with the Promoters herein, on 16 th
February 2018, herein after referred to as the said Agreement, which was
registered in the office of the Joint Sub Registrar of Assurances Panvel-5, under
registration No PVL5-1766-2018 on 16-02-2018. By the said Agreement to Lease,
the CIDCO has agreed to grant to them a lease of the said land being Plot No.324
containing by admeasurements 449.39 square meters or thereabouts, under
Rehabilitation and Resettlement scheme, situated and lying at Sector 24, Pushpak
Nagar (Vahal), Node Ulwe, Navi Mumbai more particularly described in the
Schedule hereunder written herein after referred to as the said land, upon
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performance and observance by them of the obligations and the terms and
conditions contained therein and further granted to them leave or permission to
enter upon the said land for the purpose of erecting intending building or buildings
thereon.

x. The Promoters have got building plans, specifications sanctioned from the CIDCO
and have obtained from the CIDCO Development Permission /Commencement
Certificate No CIDCO/BP-15927/TPO(NM&K)/ 2018/3336 dated 22-11-2018 for the
purpose of undertaking construction of intending building/s in accordance with the
approved building plans and specifications.

xi. As approved plans and specifications, the intending building would consist of 18
residential units and 5 Mercantile/Business (Commercial) Units.

xii. As per terms and conditions contained in the said Agreement to Lease, the
Promoters are obliged to complete erection of the intending building and obtain
occupancy certificate within a period of 5 years from the date of execution of the
said Agreement to Lease.

xiii. The Promoters have has entered into a standard Agreement with its Architects,
viz M/S. TRIARCH DESIGNS (hereinafter referred to as “The Architect”) who is
registered with the Council of Architecture, and such agreement is as per the
agreement prepared by the Council of Architecture, and the Promoter has
appointed M/S. STRUCON CONSULTING ENGINEERS a structural engineer for the
preparation of the structural design and drawings of the said project/buildings, and
the Promoter accepts the professional supervision of the Architect and structural
engineer till the completion of the said project.

xiv. The Promoters have registered the Project under the provisions of the Real
Estate [Regulation and Development] Act 2016 [for short, the said Act] with the
Real Estate Regulatory Authority under Registration Certificate of Project No
P52000021226 dated 03-06-2019, for short, the said certificate, authenticated
copy whereof is attached herein. As per provisions contained in the said Act, the
said certificate is issued in the first Promoter.
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xv. The Promoters have sole and exclusive right to sell the Flats in the said
building/s to be constructed by the Promoter on the project land and to enter into
Agreement/s with the Purchaser(s)/s of the Flats to receive the sale consideration
in respect thereof;

xvi. The Promoters have given inspection to the Purchaser of all the documents of
title relating to the project land and the plans, designs and specifications prepared
by the Promoter's Architects M/S. TRIARCH DESIGNS and of such other documents
as are specified under the said Act and the Rules and Regulations made there-
under;

xvii. The authenticated copies of Certificate of Title issued by EDATE & COMPANY,
an Advocate of the Promoter showing the nature of the title of the Promoter to
the said land on which the Flats are constructed or are to be constructed has been
annexed hereto.

xviii. The authenticated copies of the plans of the Layout as proposed by the
Promoters and according to which the construction of the buildings and open
spaces are proposed to be provided for on the said project, have been approved by
the CIDCO.

xix. The Promoters are entitled and enjoined upon to construct buildings on the
project land in accordance with the recitals herein above;

xx. The Promoters have completed all the legal formalities with respect to the right,
title and interest in respect of the project land on which the said project is to be
constructed. The Promoters herein alone have sole and exclusive right to sell the
Flats in the said project to be constructed by the Promoter on the project land and
is fully competent to enter into agreement/s with the Purchaser/s, lessee,
mortgagee, of the Flats and to receive the sale price in respect thereof.

xxi. The Promoters have proposed to construct on the project land one building
thereof and having 18 Residential Units and 5 Mercantile/Business (Commercial)
Units, with Basements,/podiums/stilt and upper floors).
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xxii. The Purchaser is offered an Flat bearing number 202 on the Second Floor,
( herein after referred to as the said “Flat”) of the Building called DATTVATSALYA
APARTMENT (herein after referred to as the said “Building”) being constructed by
the Promoter.

xxiii. The Purchaser/s herein has demanded from the Promotes have given inspection
to the Purchaser/s, of all the documents of title relating to the said project
described in the Schedule-II hereunder written and also the plans, designs and
specifications of the said building prepared by the architect and of such other
documents as are specified under the Real Estate (Regulation and Development)
Act, 2016 (hereinafter referred to as “The Said Act”) and rules and regulations made
there-under. After the Purchaser/s enquiry, the Promoters herein have requested
to the Purchaser/s to carry out independent search by appointing his/her/their own
attorney/advocate and to ask any queries, he/she/they have regarding the
marketable title and rights and authorities of the Promoter. The Purchaser/s has/
have satisfied himself/herself/themselves in respect of marketable title and rights
and authorities of the Promoter herein. That the Purchaser has given his specific
confirmation herein that the responsibility of title of the said land be on the
Promoters up and until the conveyance of the said building/phase/wing and the
said land there-under.

xxiv. The authenticated copies of the plans and specifications of the Flat agreed to be
purchased by the Purchaser, as sanctioned and approved by the local authority
have been annexed.

xxv. The Promoters have in compliance with rules, regulation and restrictions of the
concerned local authority, which are to be observed and performed by the
Promoters who are constructing /developing the said project, has accordingly
commenced construction/ development of the same.

xxvi. The Purchaser/s has/ have agreed to purchase the said Flat based on going
through all the conditions stated in the sanctioned plans by respective competent
authorities and have further confirmed that all such conditions shall be bound and
abided by the Purchaser strictly.
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xxvii. The Purchaser/s on confirmation of accepting all the conditions of sanctioned

plans by competent authority, has further stated that if any conditions that has
been imposed on the said project/ building/ phase/ wing which are contrary to the
prevalent laws/ rules/ regulations under which sanctioned plans have been given
shall not be binding on the Purchaser and that the Purchaser shall not hold the
developer responsible for the such contrary conditions.

xxviii. The Purchaser/s has/ have independently made himself aware about the
specifications provided by the promoter and he is aware of the limitations, usage
policies and maintenances of the installed items, fixtures and fittings of the same
and have been annexed.

xxix. The Purchaser/s has/ have been shown the conditions of contracts with the
CIDCO / contractors/ manufacturers and workmanship and quality stands of
products/ fittings and fixtures as agreed between Promoters and the CIDCO and on
independently verifying the same the Purchaser has now agreed to the same as
conditions mentioned in these contracts and that the Purchaser agrees to abide by
the same failure of which shall absolve the promoter to that extent.

xxx. Relying upon the aforesaid application, the Promoters have agreed to allot and
sell to the Purchaser/s, the said Flat at the price and on the terms, conditions,
covenants, stipulations and provision hereinafter appearing.

xxxi. The carpet area of the said Flat is 26.602 square meters and "carpet area" means
the net usable floor area of an Flat, excluding the area covered by the external
walls, areas under services shafts, exclusive balcony appurtenant to the said Flat for
exclusive use of the Purchaser or verandah area and exclusive open terrace area,
appurtenant to the said Flat for exclusive use of the Purchaser, but includes the
area covered by the internal partition walls of the Flat.

xxxii. The Purchaser/s prior to execution of these presents has paid to the Promoter a
sum of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) being part payment of
the sale price of the Flat agreed to be sold by the Promoter to the Purchaser/s as
advance payment or deposit (the payment and receipt whereof the Promoter both
hereby admit and acknowledge) and the Purchaser/s has agreed to pay the
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remaining price of the Flat as prescribed in the payment plan as may be demanded
by the Promoters within the time and the manner specified therein. (please note
that booking amount/part payment prior to execution of this agreement shall in no
event exceed ten percent, of the total sale price/consideration of the Flat)

xxxiii. The parties hereto have gone through all the terms and conditions set out in this
Agreement and understood the mutual rights and obligations detailed herein. The
parties hereby confirm that they are signing this Agreement with full knowledge of
all the laws, rules, regulations, notifications, etc., applicable to the said project.

xxxiv. The Promoters in compliance of section 13(1) of the Real Estate (Regulation and
Development) Act, 2016 is required to execute a written Agreement for sale of the
said Flat in favour of the Purchasers, being in fact these presents and also to
register said Agreement for Sale under the Registration Act, 1908, the parties
hereto are desirous to reduce in writing all the terms and conditions of this
transaction and hence this presents.

xxxv. Notwithstanding anything stated in any other document/ allotment/ letter given
or communicated with the Purchaser any time prior, this agreement shall be
considered as the only document and its condition shall be read as the only
conditions valid and basis for which said unit is agreed to be sold to the Purchaser.

xxxvi. This agreement shall remain in force and shall not merge into any other
agreement save and except the conveyance deed as stated herein below.

xxxvii. This agreement does not preclude, diminish the rights of any financial
institutions, fund, registered money lender for which finance has been taken for the
project and the same can be claimed by them under the statutory claims and that
this does not in any way affect the right of the allotted in respect of his unit in the
said project.

xxxviii. The parties hereto, relying on the confirmations, representations and assurances
of each other to faithfully abide by all the terms, conditions and stipulations
contained in this Agreement and all applicable laws, are now willing to enter into
this Agreement on the terms and conditions appearing hereinafter.
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xxxix. And that the Purchaser has not given any third party any rights to enforce this
said agreement unless the said flat is transferred to the them.
NOW THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED
BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

1. [a] The singular wherever used shall include plural and vice-versa.
[b]The masculine gender used herein shall include feminine and/ or neutral gender
wherever applicable.

[c] Recital clauses herein before mentioned shall form integral part of this
agreement, as if the same has been reproduced herein.

[d] The Promoters shall construct the said building/s consisting of ground and four
upper floors containing 18 Residential Units and 5 Mercantile/Business
(Commercial) Units on the project land in accordance with the plans, designs and
specifications as approved by the concerned local authority from time to time,
provided that the Promoter shall have to obtain prior consent in writing of the
Purchaser in respect of variations or modifications which may adversely affect the
Flat of the Purchaser except any alteration or addition or modifications in the
sanctioned plans, layout plans and specifications of the buildings or common areas
of the said phase which are required to be made by promoter in compliance of any
direction or order, etc. issued by, the competent authority or statutory authority,
under any law of the State or Central Government, for the time being in force.
Promoter may also make such minor additions and alterations as may be required
by the Purchaser.

[d] The Promoters shall construct the said building/s containing ground plus four
upper floors consisting of 18 Residential Units and 5 Mercantile/Business
(Commercial) Units on the project land in accordance with the plans, designs and
specifications as approved by the concerned local authority from time to time,
provided that the Promoter shall have to obtain prior consent in writing of the
Purchaser in respect of variations or modifications which may adversely affect the
Flat of the Purchaser except any alteration or addition or modifications in the
sanctioned plans, layout plans and specifications of the buildings or common areas
of the said phase which are required to be made by promoter in compliance of any
direction or order, etc. issued by, the competent authority or statutory authority,
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under any law of the State or Central Government, for the time being in force.
Promoter may also make such minor additions thereto.

2. CONSIDERATION/PRICE OF THE SAID FLAT: -

2.1 The Purchaser hereby agrees to purchase from the Promoters and the
Promoters hereby agrees to sell to the Purchaser Flat No. 202 having carpet area
admeasuring 26.602 sq. meters on First floor in the building DATTVATSALYA
APARTMENT (hereinafter referred to as "the Flat") as shown in the Floor plan
thereof hereto annexed for the consideration of Rs.27,00,000/-(Rupees Twenty
Seven Lakhs Only).

2.5. The Purchaser/s has/ have agrees and understands that timely payment
towards purchase of the said Flat as per payment plan/schedule hereto is the
essence of the Agreement. The Purchaser has paid on or before execution of this
agreement a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) as
advance payment or application fee and hereby agrees to pay that Promoters the
balance amount of Rs.24,50,000/- (Rupees Twenty Four Lakhs Fifty Thousand
Only) in the following manner :-

PAYMENT SCHEDULE OF FLAT/SHOP

Sr. No. Particulars of work %

1 As Earnest Money at the time of booking 10%
2 After execution & registration of Agreement for Sale 20%
3 On Completion of Plinth & Foundation work 15%
4 On Completion of 1st Slab 6%
5 On Completion of 2nd Slab 6%
6 On Completion of 3rd Slab 6%
7 On Completion of 4th Slab 6%
8 On Completion of 5th Slab 6%
9 On Completion of Walls, Internal Plaster, Flooring 5%
Doors & Windows
10 On Completion of Sanitary Fittings, Staircase, Lift 5%
Walls, Lobbies upto the Floor level
11 On Completion of External Plumbing & External 5%
Plaster, Elevation, Terrace, with Water Proofing
12 On Completion of Lifts, Water Pumps, Electric Fittings, 5%
electro, mechanical & environment requirements,
entrance lobby/s, plinth protection, paving or areas
appertain & all other requirements
13 On Possession upon receipt of Occupancy Certificate 5%
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14 Total 100%
The Total Price above excludes Taxes (consisting GST and any other similar taxes
which may be levied, in connection with the construction of and carrying out the
Project payable by the Promoter) up to the date of handing over the possession of
the Flat.

2.6 The Total Price is escalation-free, save and except escalations/increases, due to
increase on account of development charges payable to the competent authority
and/or any other increase in charges which may be levied or imposed by the
competent authority, Local Bodies/Government from time to time. The Promoters
undertake and agrees that while raising a demand on the Purchaser for increase in
development charges, cost, or levies imposed by the competent authorities etc.,
the Promoter shall enclose the said notification/order/rule/regulation published/
issued in that behalf to that effect along with the demand letter being issued to the
Purchaser, which shall only be applicable on subsequent payments. The Promoters
may charge the Purchaser separately for any up gradation/ changes specifically
requested or approved by the Purchaser in fittings, fixtures and specifications and
any other facility which have been done on the Purchasers request or approval but
which have not been agreed upon herein or as shown in the website of the
registered authority.

2.7 The Promoters herein on due date/or on reaching aforesaid construction

milestone/ stage shall intimate the amount payable as stated above in writing or by
digital E-mail to the Purchaser and the Purchaser shall make payment of such due
amount to the Promoter within seven days from date of receiving such intimation.
The Purchaser herein specifically agrees that he she/they shall pay the aforesaid
amount along with the GST and such other taxes, without any delay along with
each installment.

2.8 Payment of any installments if made in advance shall be adjusted to the next
installments as mentioned above. No interest shall be paid by the Promoter for
such advance payments made by the Purchaser or by housing finance companies/
bank etc on behalf of Purchaser.
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3. MODE OF PAYMENT: - Subject to the terms of the Agreement and the

Promoter abiding by the construction milestones (not valid in special cases where
specific dates are mentioned), the Purchaser shall make all payments, on demand
by the promoter, within the stipulated time as mentioned in the Payment Plan
through A/c Payee Cheque/demand draft or online payment (as applicable) in
favour of Promoters payable at Mumbai /Navi Mumbai ( Please insert additional
mode of payment as may be required by the individual cases)

4 ADJUSTMENT/ APPROPRIATION OF PAYMENTS: -

The Purchaser/s authorizes the Promoters to adjust/appropriate all payments made

by him/her/them under any head(s) of dues against lawful outstanding, if any in
his/her/their name as the promoter may in its sole discretion deem fit and the
Purchaser undertakes not to object/demand/direct the Promoter to adjust his
payments in any manner.

5. INTEREST ON UNPAID DUE AMOUNT: -

Without prejudice to the right of the Promoters to take action for breach arising
out of delay in payment of the installments on the due dates, the Purchaser/s shall
be bound and liable to pay interest as per State Bank of India highest Marginal cost
of Lending Rate plus 2% per annum, with monthly rests, on all the amounts which
become due and payable by the Purchaser/s to the Promoters till the date of actual
payment, provided that tender of the principal amounts and interest or tender of
the interest and expenses thereof shall not itself be considered as waiver of the
right of the promoter under this Agreement, nor shall it be construed as condo-
nation of delay by the Promoters. The amount of interest may be informed to the
Purchaser/s from time to time or on completion of the said project/Flat, and the
Purchaser/has have agreed to pay the same as and when demanded before the
possession of the said Flat.

6. OBSERVATION OF CONDITIONS IMPOSED BY LOCAL/ PLANNING

AUTHORITY: -

The Promoters hereby agrees to observe, perform and comply with all the terms,
conditions, stipulations and restrictions if any, which may have been imposed by
the concerned local authority, stand and or Central Government including
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Environment department at the time of sanctioning the said plans or thereafter or

at the time of granting Completion Certificate or anytime thereafter. The Promoters
shall before handing over possession of the Flat to the Purchaser/s herein, obtain
from the concerned planning/local authority/ Development controlling authority
occupation and/or Completion certificate in respect of the said Flat.
Notwithstanding anything to the contrary contained herein, the Purchaser shall not
be entitled to claim possession of the said Flat until the completion certificate is
received from the local authority and the Purchaser has paid all dues payable under
this agreement in respect of the said Flat to the Promoter and has paid the
necessary maintenance amount/deposit, and other taxes payable under this
agreement of the said Flat to the Promoter.

Howsoever for the purpose of defect liability on towards the developer, the date
shall be calculated from the date of handing over possession to the Purchaser for fit
outs and interior works and that the said liability shall be those responsibilities
which are not covered under maintenance of the said unit/ building/phase wing as
stated in the said agreement. That further it has been agreed by the Purchaser that
any damage or change done within the unit sold or in the building / phase/ wing
done by him/ them or by any third person on and behalf of the Purchaser then the
Purchaser expressly absolves the developer from the same liability and specifically
consents that on such act done, he shall waive his right to enforce the defect
liability on and towards the developer.

7. DISCLOSURE AS TO FLOOR SPACE INDEX: -

The Promoters hereby declare that the Floor Space Index available as on date in
respect of the project land is 1.5 only.

8. DISCLOSURE AND INVESTIGATION OF MARKETABLE TITLE: -

The Promoter has made full and true disclosure of the title of the said land as well
as encumbrances, if any, known to the Promoter in the title report of the advocate.
The Promoter has also disclosed to the Purchaser/s nature of its right, title and
interest or right to construct building/s and also given inspection of all documents
to the Purchaser/s as required by the law. The Purchaser/s having acquainted
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himself/herself/ themselves with all facts and right of the Promoters and after
satisfaction of the same has entered into this Agreement.

9. SPECIFICATIONS AND AMENITIES: -

The specification and amenities of the Flat to be provided by the Promoters in the
said project and the said Flat are those that are set out in Schedule IV hereto,
Common amenities for the project on the said land are stated in the Schedule V
Annexed hereto. In the project multi storied high rise building/wings are under
construction and considering to maintain the stability of the buildings/wings and
internal structures, herein specifically informed by its consultant not to allow any
internal changes. As per our policy there shall be no customization permitted inside
the said Flat. Changes such as civil, electrical, plumbing etc. shall not be allowed
during construction and till delivery of possession.

10 COMPLIANCE OF LAWS REALTING TO REMITT ANCES: -

10.1 The Purchaser, if resident outside India, shall be solely responsible for
complying with the necessary formalities as laid down in Foreign Exchange
Management Act, 1999, Reserve Bank of India Act and Rules and Regulations made
there under or any statutory amendment(s), modification(s) made thereof and all
other applicable laws including that of remittance of payment acquisition/
sale/transfer of immovable properties in India etc. and provide the Promoter with
such permission, approvals which would enable the promoter to full fill its
obligations under this Agreement. Any refund, transfer of security, if provided in
terms of the Agreement shall be made in accordance with the provision of Foreign
Exchange Management Act, 1999 or statutory enactments or amendments thereof
and the Rules and Regulations of the Reserve Bank of India or any other applicable
law. The Purchaser understands and agrees that in the event of any failure on his/
her part to comply with the applicable guidelines issued by the reserve Bank of
India, he/she shall be liable for any action under the Foreign Exchange
Management Act, 1999 or other laws as applicable, as mended from time to time.

10.2 The Promoters accept no responsibility in this regard. The Purchaser shall keep
the Promoter fully indemnified and harmless in this regard. Whenever there is any
change in the residential status of the Purchaser subsequent to the signing of this
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Agreement, it shall be the sole responsibility of the Purchaser to intimate the same
in writing to the Promoter immediately and comply with necessary formalities if
any under the applicable laws. The Promoters shall not be responsible towards any
third party making payment/remittances on behalf of any Purchaser and such third
party shall not have any right in the application/allotment of the said Flat applied
for herein in any way and the Promoters shall be issuing the payment receipts in
favour of the Purchaser only.

11. POSSESSION OF THE FLAT: -

11.1 Schedule for possession of the said Flat: - The Promoters agree and
understands that timely delivery of possession of the Flat is the essence of the
Agreement. Subject to receipt of full consideration/total price and dues of the
Promoter and taxes thereon are paid by the Purchaser/s in respect of the said Flat,
in terms of these presents, The Promoters based on the approved plans and
specifications, assure to hand over possession of the said Flat on 30.11.2021.

Provided that the Promoters shall be entitled to reasonable extension of time as

agreed by and between the Purchaser and the Promoters for giving possession of
the Flat on the aforesaid date and the same shall not included the period of
extension given by the Authority for registration. Further, if the completion of
building in which the Flat is to be situated is delayed on account of –

(i) War, Civil commotion, flood, drought, fire, cyclone, earthquake, act of god or
any calamity by nature affecting the regular development of the real estate project
(“Force Majeure”).
(ii) Extension of time for giving possession as may be permitted by the
regulatory authority under Real Estate (Regulation and Development) Act, 2016 for
reason where actual work of said project / Building could not be carried by the
Promoter as per sanctioned plan due to specific stay or injunction orders relating to
the said project from any court of law, or Tribunal, competent authority, statutory
authority, high power committee etc. or due to such circumstances as may be
decided by the authority.
If however, the completion of the Project is delayed due to the Force Majeure
conditions then the Purchaser agrees that the Promoter shall be entitled to the
extension of time for delivery of possession of the Flat, provided that such Force
 16

Majeure conditions are not of a nature which make it impossible for the contract to
be implemented. The Purchaser agrees and confirms that, in the event it becomes
impossible for the Promoter to implement the project due to Force Majeure
conditions, then this allotment shall stand terminated and the Promoters shall
refund to the Purchaser the entire amount received by the Promoters from the
allotment within 30 days from that date. After any refund of the money paid by the
Purchasers/, agrees that he/ she shall not have any rights, claims etc. against the
Promoters and that the Promoters shall be released and discharged from all its
obligations and liabilities under this Agreement.

That the Purchasers further agree that even where ‘substantial completion’ of
works has been done and after receiving Occupancy Certificate from the competent
authority possession of the said unit shall be given. That substantial completion
would mean works done that do not affect his use or occupation of his unit and he
can cohabit in the said unit. However if the developer is not allowed by the
Purchaser or any person on his behalf to complete the remaining portion of the
works, it shall be accepted by and between the parties that the remaining works
shall be deemed to have been done as and against the developer.

11.3 Procedure for taking Possession:- The Promoters, upon obtaining the
occupancy certificate from the local/competent/ planning authority shall offer in
writing to the Purchaser/s intimating that, the said Flat is ready for use and
occupation. The Purchaser/s herein shall inspect the said Flat in all respects to
confirm that the same is in accordance with the terms and conditions of this
agreement, complete the payment of consideration/ total price and dues to the
promoter as per terms and conditions of this agreement and take the possession of
the said Flat within 15 days from the date of written intimation issued by the
Promoter to the Purchaser herein. The Promoters agree and undertakes to
indemnify the Purchasers incase of failure of fulfillment of any of the provisions,
formalities, documentation on part of the promoter. The Purchaser agree(s) to pay
the maintenance charges as determined by the Promoter/ association of
Purchaser/s as the case may be.
 17

11.4 It shall be expressly agreed that wherever it is the responsibility of the

Purchaser to apply and get necessary services the same shall not be undertaken by
the promoter and the Purchaser shall be solely responsible for the same.

11.5 Failure of Purchaser to take Possession of (Flat) : Upon receiving a written

intimation from the Promoter as per clause 11.3, the Purchaser/s shall take
possession of the Flat from the Promoter by executing necessary indemnities,
undertakings and such other documentation as prescribed in this Agreement, and
the Promoter shall give possession of said maintenance charges as applicable,
Property tax, electricity charges and any other expenses and outgoing re respect of
the said Flat and the Promoter shall not be liable for the maintenance, wear and
tear of the said Flat.

11.6 Possession by the Purchaser - After obtaining the Occupancy certificate and
handing over Physical possession of the said Flat to the Purchasers, it shall be the
responsibility of the Promoters to hand over the necessary documents and plans,
including common areas, to the association of the Purchasers or the competent
authority, as the case may be, as per the local laws.

11.7 Compensation: - That the Purchaser has given his specific confirmation herein
that the responsibility of title of the said land be on the Promoters up and until the
conveyance of the said building/phase /wing and the said land there-under.

11.8 Except for occurrence of the events stating herein above, if the Promoters fail
to complete or is unable to give possession of the Flat (i) in accordance with the
terms of this Agreement, duly completed by the date specified herein; or (ii) due to
discontinuance of his business as a reason; the Promoter shall be liable, on
demand to the Purchaser/s, in case the Purchaser wishes to withdraw from the
project, without prejudice to any other remedy available, to return the total
amount received by him in respect of the Flat, with the interest as per State Bank
of India highest marginal cost of Lending Rate plus 2% percent per annum within 30
days including compensation in the manner as provided under the Act.

Provided that where if the Purchaser does not intend to withdraw from the said
Project, the Promoter shall pay the Purchaser interest as per State Bank of India
highest Marginal Cost of Lending Rate plus 2%, on all the amounts paid by the
 18

Purchaser, for every month of delay, till the handing over of the possession of the
Flat.

12. TIME IS ESSENCE: -

Time is essence for the promoter as well as the Purchaser. The Promoters shall
abide by the time schedule for completing the project and handing over the (Flat)
to the Purchaser and the common areas to the association of the Purchasers after
receiving the Occupancy certificate or the completion certificate or both, as the
case may be. Similarly, the Purchaser shall make timely payments of the
installment and other dues payable by him/her and meeting the other obligations
under the Agreement subject to the simultaneous completion of construction by
the Promoter as per Payment Schedule mentioned above.

13. TERMINATION OF AGREEMENT:-

13.1 Without prejudice to the right of the Promoters to charge interest in terms of
sub no.5 above, on the Purchaser committing default in payment on due date of
any amount due and payable by the Purchaser to the Promoter under this
Agreement (including his/her proportionate share of taxes levied by concerned
local authority and other outgoing) and on the Purchaser committing three defaults
of payment reminders, the Promoters shall at this own option, may terminate this
Agreement :

Provided that, the Promoters shall give notice of 15 days in writing to the
Purchaser, by Registered Post AD at the address provided by the Purchaser and
mail at the e-mail address provided by the Purchaser, of this intention to terminate
this Agreement and of the specific breach or breaches of terms and conditions in
respect of which it is intended to terminate the Agreement. If the Purchaser fails to
rectify the breach mentioned by the Promoter within the period of notice then at
the end of such notice period, promoter shall be entitled to terminate this
Agreement.

Provided further that upon termination of this Agreement as aforesaid, the

Promoter shall refund to the Purchaser (subject to adjustment and recovery of any
administrative expenses of an amount of Rs.50,000/- and/or any other expenses
incurred by the promoter for such unit as requested by the Purchaser or any other
 19

amount which may be payable to the Promoters,) within a period of 30 days of the
termination, the installments of sale consideration of the Flat which may till then
have been paid by the Purchaser to the Promoter and the Promoters herein shall be
entitled to deal with the said Flat with any prospective buyer. Delay in issuance of
any reminder/s or notices from the Promoter shall not be considered as waiver of
promoter absolute right to terminate this agreement.

13.2 For whatsoever reason if the Purchaser/s herein, without any default or
breach on his/her/their part, desire to terminate this agreement / transaction in
respect of the said Flat then, the Purchaser/s herein shall issue a prior written
notice to the Promoter as to the intention of the Purchaser/s and on such receipt of
notice the Promoter herein shall be entitled to deal with the said Flat with
prospective buyers. After receipt of such notice of intention to terminate this
agreement the Promoter shall issue a 15 days notice in writing calling upon
him/her/ them to execute and register Deed of Cancellation. Only upon the
execution and registration of Deed of Cancellation the Purchaser/s shall be entitled
to receive the refund of consideration, subject to terms of this agreement.

13.3 It is specifically agreed between the parties hereto that, if the transaction in
respect of the said Flat between the Promoter and Purchaser/s herein terminated
as stated in Sub-para 13.1 and 13.2 herein above written then all the instruments
under whatsoever head executed between the parties hereto or between the
Promoter and Purchasers herein, in respect of the said Flat, shall stands
automatically cancelled and either party have no right, title, interest or claim
against each other except as provided hereinafter.

14. DEFECT LIABILITY: -

If within a period of five years from the date of handing over the Flat to the
Purchaser, the Purchaser brings to the notice of the Promoter any structural defect
in the Flat or the building in which the Flat are situated or any defects on account of
workmanship, quality or provision of service, then, wherever possible such defects
shall be rectified by the Promoter at his own cost and in case it is not possible to
rectify such defects, then the Purchaser shall be entitled to receive from the
Promoters, compensation for such defect in the manner as provided under the Act.
Provided however, that the Purchaser/s shall not carry out any alterations of the
 20

whatsoever nature in the said Flat of phase/ wing and in specific the structure of
the said unit/ wing/ phase of the said building which shall include but not limit to
coloums, beams etc. or in the fittings therein, in particular it is hereby agreed that
the Purchaser/s shall not make any alterations in any of the fittings, pipes, water
supply connections or any erection or alteration in the bathroom, toilet and
kitchen, which may result in seepage of the water. If any of such works are carried
out without the written consent of the Promoter the defect liability automatically
shall become void. The word defect here means only the manufacturing and
workmanship defect/s caused on account of willful neglect on the part of the
Promoters, and shall not mean defect/s caused by normal wear and tear and by
negligent use of Flat by the Occupants, vagaries of nature etc.

That it shall be the responsibility of the Purchaser to maintain his unit in a proper
manner and take all due care needed including but not limiting to the joints in the
tiles in his Flat are regularly filled with white cement/epoxy to prevent water
seepage.

Further where the manufacturer warranty as shown by the developer to the

Purchaser ends before the defects liability period and such warranties are covered
under the maintenance of the said unit/building/phase wing, and if the annual
maintenance contracts are not done/renewed by the Purchaser/s the promoter
shall not be responsible for any defects occurring due to the same.

That the project as a whole has been conceived, designed and constructed based
on the commitments and warranties given by the Promoters / manufacturers that
all equipment’s, fixtures and fittings shall be maintained and covered by
maintenance/warranty contracts so as it to be sustainable and in proper working
condition to continue warranty in both the Flats and the common project amenities
wherever applicable.

That the Purchaser has been made aware and that the Purchaser expressly agrees
that the regular wear and tear of the unit/ building/ phase/ wing includes minor
hairline cracks on the external and internal walls excluding the RCC structure which
happens due to variation in temperature of more than 20*C and which do not
amount to structural defects and hence cannot be attributed to either had
workmanship or structural defect.
 21

It is expressly agreed that before any liability of defect is claimed by or on behalf on

the Purchaser, it shall be necessary to appoint an expert who shall be a nominated
surveyor who shall survey and assess the same and shall then submit a report to
state the defects in materials used, in the structure built of the unit/phase/ wing
and in the workmanship executed keeping in mind the aforesaid agreed clauses of
this agreement.

15. FORMATION OF ORGANIZATION OF FLAT HOLDERS: -

15.1. Considering the Promoters herein is carrying on the construction/

development on the said land in phases as aforesaid and further to have the
maintenance of building/a and common facilities more conveniently, there will be
one or more association of Purchasers/ co-operative societies and/or Apex Society
and/or limited company or as such may be formed by prevailing local laws as may
be applicable to the said project, which the Promoter shall decided as suitable for
the Flat holders in the said project which is under construction on the said land. The
Promoters propose to form Co-operative Housing Society of the Purchasers and get
registered with the Joint Registrar. Coop. Societies, [CIDCO], Navi Mumbai.

15.2 The Purchaser along with other Purchaser(s)s of Flats in the building shall join
in forming and registering the Society to be known by such name as proposed
above by the Promoters and for this purpose also from time to time sign and
execute the application for registration of the Society or and for becoming a
member, including the by-laws of the proposed Society and duly fill in, sign and
return to the Promoter within seven days of the same being forwarded by the
Promoters to the Purchaser, so as to enable the Promoter to register the common
organization of Purchaser. No objection shall be taken by the Purchaser if any,
changes or modifications are made in the draft bye-laws, as may be required by the
Registrar of Co-operative Societies or the Joint Registrar of Cooperative Societies, or
any other Competent Authority.

15.3 The Promoters shall, within three month on receipt of Occupancy,

registration of the Society, as aforesaid, cause to be transferred to the Society all
 22

the right, title and the interest of the Promoters in the said structure of the Building
or wing in which the said Flat is situated.

16. CONVEYANCE OF THE SAID PARTMENT: -

The Promoters, on receipt of complete amount of the Price of the said Flat under
the Agreement from the Purchaser, shall execute a conveyance deed and convey
the title of the said unit not later than 3 months after registration of the society and
with proportionate indivisible share in the Common Areas or before 3 months from
the date of registration of the Society to the society (please pick any one and follow
the same throughout) as may be formed all the right, title and interest of the
Promoters in the aliquot part of the said land i.e said project unless the above
stated period is not clearly mentioned, it is otherwise agreed to by and between
the parties hereto within 3 (three) months from the issuance of the Occupancy
certificate. However, in case the Purchaser fails to deposit the Stamp Duty,
registration charges and all other incidental and legal expenses etc. so demanded
within the period mentioned in the demand letter, the Purchaser authorizes the
Promoter to withhold registration of the conveyance deed in his/her favour till full
and final settlement of all dues and stamp duty and registration charges to the
Promoter is made by the Purchaser.

7. PAYMENT OF TAXES, CESSES, OUTGOINGS ETC: -

17.3 If at any time, after execution of this agreement, the GST or any other
applicable tax etc is imposed/ increased under respective statute by the central
and state government respectively and further at any time before or after
execution of this agreement any additional taxes/ duty/ charges/ premium/ cess/
surcharge etc., by whatever name called, is levied or recovered or becomes payable
under any statute/ rule / regulation notification order/ either by the Central or the
state Government or by the local authority or by any revenue or other authority, on
the said Flat or this agreement or this agreement or the transaction herein, shall
exclusively be paid/borne by the Purchaser/s. The Purchaser/s hereby, always
indemnifies the Promoter from all such levies, cost and consequences. Provided
that the Promoter shall provide to the Purchaser the details of the taxes paid or
demanded along with the acts/ rules/ notification together with dates from which
such taxes/ levies etc., have been imposed or become effective;
 23

17.4 Within 15 days after notice in writing is given by the Promoters to the
Purchaser that the Flat is ready for use and occupancy, The Purchaser shall be liable
to bear and pay the proportionate share (i.e. in proportion to the carpet area of the
apartment) of outgoings in respect of the project land and Building/s namely local
taxes, betterment charges or such other levies by the concerned local authority
and/or Government water charges, insurance, common lights, repairs and salaries
of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and
incidental to the management and maintenance of the project land and building/s
as stated and incidental to the management and maintenance of the project land
and building/ as stated and defined in this Agreement, until the society or Limited
Company is formed and the said structure of the buildings or wings is transferred to
it, the Purchaser shall pay to the Promoter such proportionate share of outgoings
as may be determined. The Purchaser further agrees that till the Purchaser’s share
is so determined the Purchaser shall pay to the Promoters provisional monthly
contribution per month towards the outgoings as decided time to time. The
amounts so paid by the Purchaser to the Promoter shall not carry any interest and
remain with the Promoter until a conveyance/ assignment of lease of the structure
of the building is executed in favour of the society as aforesaid. On such
conveyance/ assignment of lease being executed for the structure of the building
the aforesaid deposit (less deduction provided for in this Agreement) shall be paid
over by the Promoters to the Society, as the case may be.

17.5 Notwithstanding anything contents stated herein above, the liability to pay
the aforesaid taxes, outgoings, other charges etc. will be always on Purchaser/s of
the said Flat and if for whatsoever reason respective Recovering Authority got
recovered the same from the Promoter in such circumstance the Promoters herein
shall be entitled to recover the same from the Purchasers along with interest and
Purchasers here in shall pay the same to the Promoter within stipulated period as
may be informed by the Promoters to the Purchaser/s in writing. It is further
specifically agreed that, aforesaid encumbrance shall be on said Flat being first
encumbrance of the Promoter. The Purchaser/s herein with due-diligence has
accepted the aforesaid condition.
 24

17.6 That the Purchasers are made aware and expressly agree herein that where
the project is out of water supply zone of the local authority and there is likely to be
low water supply from the local authority and the Purchaser shall have to pay for
the water charges either by tanker or any other form.

18. DEPOSITS BY PURCHASER/S WITH THE PROMOTER : -

The Purchaser shall on or before delivery of possession of the said premises keep
deposited with the Promoter, the following amount: -

(i) Share money, application entrance fee of the Society.

(ii) Charges for formation and registration of the Society of the Society.
(iii) Proportionate share of taxes and other charges/ levies in respect of the
Society or Limited Company/ Federation/ Apex body.
(iv) Deposit towards provisional monthly contribution towards outgoings of
Society
(v) Deposit towards Water, Electric, and other utility and services connection
charges.
(vi) Deposits of electrical receiving and Sub Station provided in Layout
(vii) Transfer charges as may be levied by the CIDCO

19 REPRESENTATIONS AND WARRANTIES OF THE PROMOTER

The Promoter hereby represents and warrants to the Purchaser as follows:

a) The Promoters have clear and marketable title with respect to the project
land; as declared in the title report annexed to this agreement and has the requisite
rights to carry out development upon the project land and also has actual, physical
and legal possession of the project land for the implementation of the Project;

b) The Promoters have lawful rights and requisite approvals from the
competent Authorities to carry out development of the Project and shall obtain
requisite approvals from time to time to complete the development of the project;

c) There are no encumbrances upon the project land or the Project except
those disclosed in the title report;
 25

d) There are no litigations pending before any Court of law with respect to the
project land or Project;

e) All drawings, sale plans, other drawings are as given to the Promotes by the
appointed Architect, Structural Consultants, other consultants, the developer has
thus disclosed the same to the Purchaser and the Purchaser is aware that
professional liability have been undertaken by them individually with the developer
which shall prevail on these consultants individually or cumulatively if there is any
loss/harm is caused to the Purchaser and based on these said details of the
drawings and the calculations and areas shown, the Purchaser has agreed to take
the said unit.

f) All approvals, licenses and permits issued by the competent authorities with
respect to the Project, project land and said building/wing are valid and subsisting
and have been obtained by following due process of law. Further, all approvals,
licenses and permits to be issued by the competent authorities with respect to the
Project, project land and said building/wing shall be obtained by following due
process of law and the Promoters have been and shall, at all times, remain to be in
compliance with all applicable laws in relation to the Project, project land,
Building/wing and common areas;

g) The Promoters have the right to enter into this Agreement and has not
committed or omitted to perform any act or thing, whereby the right, title and
interest of the Purchaser created herein, may prejudicially be affected;

h) The Promoters have not entered into any agreement for sale and/or
development agreement or any other agreement / arrangement with any person or
party with respect to the project land, including the Project and the said
[Apartment/Land] which will, in any manner, affect the rights of Purchaser under
this Agreement;

i) The Promoters confirm that the Promoters are not restricted in any manner
whatsoever from selling the said [Apartment]to the Purchaser in the manner
contemplated in this Agreement;
 26

j) At the time of execution of the conveyance deed of the structure to the

society of Purchasers the Promoter shall handover lawful, vacant, peaceful, physical
possession of the common areas of the Structure to the Society of the Purchasers;

k) The Promoters has duly paid and shall continue to pay and discharge
undisputed governmental dues, rates, charges and taxes and other monies, levies,
impositions, premiums, damages and/or penalties and other outgoings,
whatsoever, payable with respect to the said project to the competent Authorities.
l) No notice from the Government or any other local body or authority or any
legislative enactment, government ordinance, order, notification (including any
notice for acquisition or requisition of the said property) has been received or
served upon the Promoters in respect of the project land and/or the Project except
those disclosed in the title report.

20. CONVENANTS AS TO USE OF SAID APARTMENT: -

The Purchaser or himself/themselves with intention to bring all persons into

whosoever hands the Flat may come, hereby covenants with the Promoter as
follows :-

a. To maintain the Flat at the Purchaser's own cost in good and tenantable
repair and condition from the date that of possession of the Flat is taken and shall
not do or suffer to be done anything in or to the building in which the Flat is
situated which may be against the rules, regulations or bye-laws or change/alter or
make addition in or to the building in which the Flat is situated and the Flat itself or
any part thereof without the consent of the local authorities, if required.

b. Not to store in the Flat any goods which are of hazardous, combustible or
dangerous nature or are so heavy as to damage the construction or structure of the
building in which the Flat is situated or storing of which goods is objected to by the
concerned local or other authority and shall take care while carrying heavy
packages which may damage or likely to damage the staircases, common passages
or any other structure of the building in which the Flat is situated, including
entrances of the building in which the Flat is situated and in case any damage is
caused to the building in which the Flat is situated or the Flat on account of
 27

negligence or default of the Purchaser in this behalf, the Purchaser shall be liable
for the consequences of the breach.

c. To carry out at his own cost all internal repairs to the said Flat and maintain
the Flat in the same condition, state and order in which it was delivered by the
Promoter to the Purchaser and shall not do or suffer to be done anything in or to
the building in which the Flat is situated or the Flat which may be contrary to the
rules and regulations and bye-laws of the concerned local authority or other public
authority. In the event of the Purchaser committing any act in contravention of the
above provision, the Purchaser shall be responsible and liable for the consequences
thereof to the concerned local authority and/or other public authority.

d. Not to demolish or cause to be demolished the Flat or any part thereof, nor
at any time make or cause to be made any addition or alteration of whatever
nature in or to the Flat or any part thereof, nor any alteration in the elevation and
outside colour scheme of the building in which the Flat is situated and shall keep
the portion, sewers, drains and pipes in the Flat and the appurtenances thereto in
good tenantable repair and condition, and in particular, so as to support shelter and
protect the other parts of the building in which the Flat is situated and shall not
chisel or in any other manner cause damage to columns, beams, walls, slabs or RCC,
Pardis or other structural members in the Flat without the prior written permission
of the Promoter and/or the Society.

e. Not to do or permit to be done any act or thing which may render void or
voidable any insurance of the project land and the building in which the Flat is
situated or any part thereof or whereby any increased premium shall become
payable in respect of the insurance.

f. Not to throw dirt, rubbish, rags, garbage or other refuse or permit the same
to be thrown from the said Flat in the compound or any portion of the project land
and the building in which the Flat is situated.

g. Pay to the Promoters within fifteen days of demand by the Promoters, his
share of security deposit demanded by the concerned local authority or
 28

Government or giving water, electricity or any other service connection to the

building in which the Flat is situated.

h. To bear and pay increase in local taxes, water charges, insurance and such
other levies, if any, which are imposed by the concerned local authority and/or
Government and/or other public authority, on account of change of user of the Flat
by the Purchaser for any purposes other than for purpose for which it is sold.

i. The Purchaser shall not let, sub-let, transfer, assign or part with interest or
benefit factor of this Agreement or part with the possession of the Flat until all the
dues payable by the Purchaser to the Promoter under this Agreement are fully paid
up.

j. The Purchaser shall observe and perform all the rules and regulations which
the Society or may adopt at its inception and the additions, alterations or
amendments thereof that may be made from time to time for protection and
maintenance of the said building and the Flat therein and for the observance and
performance of the Building Rules, Regulations and Bye-laws for the time being of
the concerned local authority and of Government and other public bodies. The
Purchaser shall also observe and perform all the stipulations and conditions laid
down by the Society regarding the occupancy and use of the Flat in the Building and
shall pay and contribute regularly and punctually towards the taxes, expenses or
other out-goings in accordance with the terms of this Agreement.

k. Till a conveyance of the structure of the building in which Flat is situated is

executed in favour of Society, the Purchaser shall permit the Promoter and their
surveyors and agents, with or without workmen and others, at all reasonable times,
to enter into and upon the said building or any part thereof to view and examine
the state and condition thereof.

l. Till a conveyance of the project land on which the building in which Flat is
situated is executed in favour of Apex Body or Federation, the Purchaser shall
permit the Promoter and their surveyors and agents, with or without workmen and
others, at all reasonable times, to enter into and upon the project land or any part
thereof to view and examine the state and condition thereof.
 29

m. That the Purchaser shall indemnify and keep indemnifying the Promoter
towards against any actions, proceedings, cost, claims and demands in respect of
any breach, non observance or non performance of such obligations given
specifically herein to the Purchaser.

n. That any nominated surveyor/ architect appointed for specific purposes

stated in this covenant the fees of which shall be mutually decided by and between
the promoter and the Purchaser and the same shall be paid by the parties as agreed
mutually.

o. That nothing herein contained shall construe as entitling the Purchaser any
right on any of the adjoining, neighboring or the remaining portion of the proposed
project layout unless specifically agreed and consideration dispensed by the
Purchaser to the developer in this regards.

21 NAME OF THE PROJECT / BUILDING/S/ WING/S

Notwithstanding anything contained anywhere in this agreement, it is specifically

agreed between the parties hereto that, the Promoters herein has decided to have
the name of the building will be denote by letters or name DATTVATSALYA
APARTMENT or as decided by the promoter and further erect or affix Promoter’s
name board at suitable places as decided by the Promoters herein on a building and
at the entrances of the scheme. The Purchasers/s in the said project/building/s or
proposed organization is not entitled to change the aforesaid project name and
remove or alter Promoter’ name board in any circumstances. This condition is
essential condition of this Agreement.

22 ENTIRE AGREEMENT AND RIGHT TO AMEND: -

This Agreement, along with its schedules, constitutes the entire Agreement
between the Parties with respect to the subject matter hereof and supersedes any
and all understandings, any other agreements, allotment letter, correspondences,
arrangements whether written or oral, if any, between the Parties in regard to the
Parties in regard to the said apartment. This agreement may only be amended
through written consent of the parties.
 30

23 SEPARATE ACCOUNT FOR SUMS RECEIVED: -

The Promoters shall maintain a separate account in respect of sums received by the
Promoter from the Purchaser/s towards total price/ consideration of the said Flat
and as advance or deposit, sums received on account of the share capital for the
formation of the Co-operative Society or a Company or any such legal entity/
organization that may be formed, towards the out goings, legal charges etc.
Provided that the Promoter shall be allowed to withdraw the sums received from
the Purchaser/s and utilize the same as contemplated and permitted under the said
act and rules and regulations made there-under.

24. RIGHT OF PURCHASER TO USE COMMON AREAS AND FACILITIES SUBJECT

TO PAYMENT OF TOTAL MAINTENANCE CHARGES: -
The Purchaser hereby agrees to purchase the Flat on the specific understanding
that is/her right is to only to the use and unless specifically allotted/ given video
(limited) common areas/ facilities, the use of the Common Areas/amenities shall be
subject to timely payment of total maintenance charges, as determined and
thereafter billed by the maintenance agency appointed or the association of
Purchasers (or the maintenance agency appointed by it and performance by the
Purchaser of all his/her obligations in respect of the terms and conditions specified
by the maintenance agency or the association of Purchasers from time to time.

25. MEASUREMENT OF THE CARPET AREA OF THE SAID APARTMENT: -

The Promoters shall confirm the final carpet area that has been allotted to the
Purchaser after the construction of the Building is complete and the Occupancy
certificate is granted by the competent authority, by furnishing details of the
changes, if any, in the carpet area, subject to a variation cap of three percent. The
total price payable for the carpet area shall be recalculated upon confirmation by
the Architect of the project. If there is any reduction in the carpet area within the
defined limit the Promoter shall refund the excess money paid by Purchaser within
forty five days with annual interest at the rate specified in the Rules, from the date
when such an excess amount was paid by the Purchaser. If there is any increase in
the carpet area allotted to Purchaser, the Promoter shall demand additional
amount from the Purchaser as per the next milestone of the Payment Plan. All
 31

these monetary adjustments shall be made at the same rate per square meter as
agreed in clause 2 of this Agreement. That in such a case, the parties hereto agree
that a nominated surveyor/ architect as an expert be appointed mutually to take his
expert opinion of measuring the said unit and submitting the said details.

26. PROVISIONS OF THIS AGREEMENT APPLICABLE TO PURCHASER /

SUBSEQUENT PURCHASERS

It is clearly understood and so agreed by and between the Parties hereto that all
the provisions contained herein and the obligations arising hereunder in respect of
the Project shall equally be applicable to and enforceable against any subsequent
Purchasers of the Apartment, in case of a transfer, as the said obligations go along
with the Flat for all intents and purposes. That the Purchasers agree that they shall
not object to any easement rights that need to be given to any person in and
around the said project and shall neither object to any such proceedings of land
acquisition undertaken by a government agency including any compensation/
benefit given to the promoter in turn for which no conveyance has occurred to the
ultimate body expressly stated in this agreement and for which no consideration is
specially dispensed by the Purchaser to the promoter for the same; save and
except his right to enjoy and use the unit purchased by him and any other rights
given by the developer to the Purchaser fro which consideration has been
dispensed.

27. REGISTRATION OF THIS AGREEMNT:-

The Promoter herein shall present his Agreement as well as the conveyance at the
proper registration office for registration within the time limit prescribed by the
registration Act and the Purchaser/s will attend such office and admit execution
thereof, on receiving the written intimation from the Promoter.

28. PAYMENT OF STAMP DUTY, REGISTRATION FEE & LEGAL CHARGES: -

The Purchaser/s herein shall bear and pay stamp duty and registration fees and all
other incidental charges etc. in respect of this agreement and all other agreements
or any final conveyance deed which is to be executed by the Promoter in favour of
 32

Purchaser/s or Association/ Society i.e. organization as may be formed in which the

Purchaser/s will be the member.

29. WAIVER NOT A LIMITATION TO ENFORCE

29.1 The Promoters may, at its sole option and discretion, without prejudice to its
rights as set out in this Agreement, waive the breach by the Purchaser in not
making payments as per the Payment Plan including waiving the payment of
interest for delayed payment. It is made clear and so agreed by the Purchaser that
exercise of discretion by the Promoters in the case of one Purchaser shall not be
constructed to be a precedent and/or binding on the Promoter to exercise such
discretion in the case of other Purchasers.

29.2 Failure on the part of the promoter to enforce at any time or for any period
of time the provisions hereof shall not be constructed to be a waiver of any
provisions or of the right thereafter to enforce each and every provision.

30. SEVERABILITY
If any provision of this Agreement shall be determined to be void or unenforceable
under the Act or the Rules and Regulations made there-under or under other
applicable laws, such provisions of the Agreement shall be deemed amended or
deleted in so far as reasonably inconsistent with the purpose of this Agreement and
to the extent necessary to confirm to Act or the Rules and Regulations made there
under or the applicable law, as the case may be, and the remaining provisions of
this Agreement shall remain valid and enforceable as applicable at the time of
execution of this Agreement.

31. PLACE OF EXECUTION: -

The execution of this Agreement shall be complete only upon its execution by the
Promoter through its authorized signatory at the Promoter’s office, or at some
other place, which may be mutually agreed between the Promoter and the
Purchaser, in Vashi, Navi Mumbai after the Agreement is duly executed by the
Purchaser and the Promoter or simultaneously with the execution the said
Agreement shall be registered at the office of the Sub-Registrar Panvel. Hence this
Agreement shall be deemed to have been executed at Vashi, Navi Mumbai.
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32. NOTICES
That all notices to be served on the Purchaser and the Promoter as contemplated
by this Agreement shall be deemed to have been duly served if sent to the
Purchaser or the Promoter by Registered Post at their respective addresses
specified below.

Name of the Purchasers :- 1) MRS. SMITA ANIL BHUJBAL,

2) MR. ANIL GOVIND BHUJBAL,
Address:- SS-II, Room No. 89, Sector-16,
Near Garden, Koperkhairane, Navi Mumbai,

Name of the Promoters :- [1] MRS. SANGEETA SANJAY GAIKWAD

[2] MR. SANJAY RAMCHANDRA GAIKWAD
Promoters’ Address :- Gaikwad Sadan, Sector–19C,
Koparkhairane, Navi Mumbai – 400709,

It shall be the duty of the Purchaser and the promoter to inform each other of any
change in address subsequent to the execution of this Agreement in the above
address by Registered Post failing which all communications and letters posted at
the above address shall be deemed to have been received by the promoter or the
Purchaser, as the case may be.

33. JOINT PURCHASERS

That in case there are joint Purchasers, they shall be considered as joint and
severable Purchasers for the purpose of these clauses in the agreement and all
communications shall be sent by the Promoter to the Purchaser whose name
appears first and at the address given by him/her which shall for all intents and
purposes to consider as properly served on all the Purchasers.

34. GOVERNING LAW

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That the rights and obligations of the parties under or arising out of this Agreement
shall be construed and enforced in accordance with the laws of India for the time
being in force.

35. DISPUTE RESOLUTION

(If the parties with to add herein an arbitration clause for the purpose of
interpretation of the clauses of this agreement, they can be fee to do so) All or any
disputes arising out or touching upon or in relation to the terms and conditions of
this Agreement, including the interpretation and validity of the terms thereof and
the respective rights same shall be settled through the adjudicating officer
appointed under the Act.

THE FIRST SCHEDULE ABOVE REFERRED TO

ALL THAT PIECE AND PARCEL OF LAND bearing Plot No.324 containing by

admeasurements 449.39 square meters or thereabouts under the Rehabilitation

and Resettlement scheme, situated and lying at Sector 24, Pushpak Nagar (Vahal),

Node Ulwe, Navi Mumbai, falling within the Registration Sub District Panvel and

Registration District Raigad and also falling within the local jurisdiction of the Panvel

Panchayat Samiti and Raigad Zilla Parishad and bounded as follows:

On or towards the North by : - Plot No 325

On or towards the South by : -9.00 Meter wide road

On or towards the East by : - 11.00 Meters wide road

On or towards the West : - Plot No 321

SECOND SCHEDULE ABOVE REFERRED TO

Flat No. 202, on Second Floor situated in the building being constructed, the

building known as DATTVATSALYA APARTMENT, admeasuring 26.602 sq.

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mtrs./sq.ft. carpet area, [excluding Balcony area adm. 5.880 sq. mtr. + Natural

Terrace area adm. 1.605 sq. Mtrs] Situated at Plot bearing No. 324,

Sector-24, Pushpak Nagar (Vahal), Node Ulwe, Tal. Panvel, Dist. Raigad.

LIST OF AMENITIES FOR FLAT

LIVING & BEDROOM :

 6” Thickness Exterior and 4” Thickness Internal Walls

FLOORING :
 Vitrified 2’ x 2’ Flooring in all Rooms.

 Anti Skid Tiles in attached Terrace Area & Bathroom

KITCHEN :
 Tiles upto 3ft. above Kitchen Platform

 Granite Platform with Stainless Steel Sink

BATHROOM & TOILETS :

 Tiles in Bathroom & W.C. upto Beam Level.

 Designer Bathroom with Branded Sanitary Ware

WALL & PAINT :

 Putty & Gypsum Finished Internal Walls Plastic emulsion paints on interior
wall of good quality.

DOORS & WINDOWS :

 Decorative Laminated Flush Main Door Aluminum Powder Coated Sliding
Windows with Tinted Glass Granite Window Sill

ELECTRIFICATION :
 All Electric Point of Concealed Copper Wiring with Modular Switches ISI
Mark Electrical Fittings
 Ample Light Points in the Entire Flat
 A. C Points in the Bedroom.
 Geyser point in bathroom.
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PLUMBING :
 Concealed Plumbing Work Reputed make Bathroom Fitting

ELEVATORS :
 Reputed make Lift

IN WITNESS WHEREOF the parties have hereunto set and subscribed their
respective hands and seal the day year first hereinabove written.

SIGNED SEALED AND DELIVERED by the within named

“PROMOTERS”

[1] MRS. SANGEETA SANJAY GAIKWAD

[2] MR. SANJAY RAMCHANDRA GAIKWAD

in the presence of

1.

2.

SIGNED SEALED AND DELIVERED by the within named

“PURCHASER/S”

1) MRS. SMITA ANIL BHUJBAL,

2) MR. ANIL GOVIND BHUJBAL,

in the presence of
 37

1.

2.

RECEIPT
Received of and from 1) MRS. SMITA ANIL BHUJBAL, 2) MR. ANIL GOVIND
BHUJBAL, the PURCHASER’S sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty
Thousand Only) on or before the execution of this Agreement to Sale being the
part payment towards sale of Flat bearing No. 202 on Second Floor, having a
Carpet area 26.602 sq.mtr. [excluding Balcony area adm. 5.880 sq. mtr. +
Natural Terrace area adm. 1.605 sq. Mtrs] in the Building known as
“DATTVATSALYA APARTMENT”, Situated at Plot bearing No. 324, Sector-24,
Pushpak Nagar (Vahal), Node Ulwe, Tal. Panvel, Dist. Raigad. The said payment
made as under:

Sr. Date Cheque No. Drawn on Amount

No.
1. 27-08-2019 000046 Punjab & Maharashtra Rs.1,50,000/-
Bank
2. 27-08-2019 000047 Punjab & Maharashtra Rs.1,00,000/-
Bank
Total Rs.2,50,000/-

WE SAY RECEIVED
Rs.2,50,000/-

[1] MRS. SANGEETA SANJAY GAIKWAD

[2] MR. SANJAY RAMCHANDRA GAIKWAD
Promoters
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